One of the practical challenges in NCII cases is proving economic damages, many victims' concrete financial losses are hard to quantify, even when the reputational and emotional harm is significant. Statutory damages address this by allowing courts to award set amounts per violation regardless of provable economic loss. Certain laws authorize substantial statutory damages to provide victims with meaningful remedies and to create deterrents against platform non-compliance and perpetrator actions. Amounts vary by statute and may apply per image or platform involved.

Key facts about this term

  1. Statutory damages do not require proof of financial loss Unlike compensatory damages, statutory damages are available upon proving the violation itself, that your NCII was shared without consent or that a platform failed to find it within 48 hours.
  2. Damages may be multiplied per image and per platform Some statutes allow for separate statutory damage awards for each image and each non-compliant platform, which can lead to significant total awards even if each per-image amount is modest.
  3. Willful violations trigger enhanced damages When a platform or perpetrator acts willfully, knowing the conduct is unlawful, courts may award enhanced statutory damages well above the standard amounts.

Frequently asked questions

How much can I recover in statutory damages for NCII?

Amounts vary by statute and specific circumstances. Federal and state NCII statutes typically provide per-image or per-violation amounts ranging from thousands to hundreds of thousands of dollars. A privacy attorney can provide guidance on specific amounts for your case.

Are statutory damages available against the person who posted the content or only platforms?

Both. Various laws provide claims against perpetrators (for sharing NCII) and against non-compliant platforms (for failing to find within 48 hours). State NCII statutes also offer claims against perpetrators.

Related glossary terms